In short
This law allows Ministers to transfer their official duties to Parliamentary Secretaries. It ensures that these delegated duties can still be performed by the Minister and outlines how such delegations must be made and publicized.
What it regulates
- The delegation of functions from Ministers to Parliamentary Secretaries.
- The legal implications of such delegations, including the ability to sue or be sued.
- The process for making and publicizing these delegations.
- The scope of delegated powers, including the ability to revoke, amend, or vary orders, rules, or regulations.
Who it concerns
- Ministers holding an office under article 80 of the Constitution.
- Parliamentary Secretaries assisting Ministers.
Key points
- A Minister may delegate any functions conferred on them by or under any law to a Parliamentary Secretary assisting them.
- Delegation of functions does not prevent the Minister from still exercising those functions.
- Delegations must be made in writing under the Minister's hand and published in the Gazette.
- A Parliamentary Secretary can sue or be sued regarding functions delegated to them.
📄 Legal text
MINISTERS (DELEGATION OF FUNCTIONS)
[CAP. 324.
1
CHAPTER 324
MINISTERS (DELEGATION OF FUNCTIONS) ACT
To enable Ministers to delegate functions of their office to
Parliamentary Secretaries.
(20th May, 1988)*
Enacted by ACT XVI of 1988.
1.
This Act may be cited as the Ministers (Delegation of
Functions) Act.
2.
In this Act, unless the context otherwise requires -
Short title.
Interpretation.
"functions" includes powers and duties;
"law" means an Act of Parliament or other Act passed by the
Legislature of Malta or an Ordinance;
"Minister" means the holder of an office under article 80 of the
Constitution.
3. (1) A Minister may delegate to a Parliamentary Secretary
assisting him in the performance of his duties, any functions which
in virtue of his office are conferred on him by or under any law.
Delegation of
functions.
(2) A delegation of functions under this article shall be without
prejudice to the exercise of those functions by the Minister.
(3) The power so delegated to make orders, rules or regulations
shall, unless the contrary intention appears, be construed as
including a power to revoke, amend or vary orders, rules or
regulations.
4.
Every delegation of functions and any addition to, or
amendment, variation, substitution or rescission of such delegation
shall be made in writing under the hand of the Minister, and notice
thereof shall be published in the Gazette.
Notice of delegated
functions.
5.
A Parliamentary Secretary may sue or be sued in respect of
any functions delegated to him under this Act, and may continue
any legal proceedings commenced in respect of those functions
before the date when the delegation is made.
Legal proceedings.
*See Government Notice No. 370 of the 20th May, 1988.
🔗 Għas-sors uffiċjali
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.